Children and Living Conditions

I am concerned with the lack of proper income that my ex-wife will have (including child support) that she will not be taking the children to a good residence. She has mentioned getting a roommate and moving in with people. I do not know who these people are…

My questions are as follows:

  • Do I have a say in the people that are living in the same household as my children, and can she just move anyone in at anytime?
  • Can she take them out of state without my consent to relocate?
  • Do I have a say in the type of residence that my children will be residing in?

Your ex-wife can reside wherever and with whomever she pleases although she cannot subject the minor children to abuse or neglectful environments. However, sometimes these issues can be addressed in a custody court order by stating guidelines about living conditions for each parent to follow.

While your ex-wife can take the children and relocate out of state, she should not do so. You are able to get an ex parte (emergency) custody order where one parent is attempting to remove the minor children from the jurisdiction of the State of North Carolina.

You generally do not have a say in the residence that your ex-wife acquires however, guidelines about this can be addressed in a custody court order.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.